Legal Question in Bankruptcy in Utah

Foreclosure and Judgements

I have two judgements against me-I am unemployed but on joint acct with husband at bank first question can they garnish our account without notification that they are going to? Will we know if that is the next step they are taking before they take it? Second question if we file a Chapter 7 and put our home in 1st and 2nd mortgages and all debt can you include the judgements in this filing and have them erased also?


Asked on 9/26/06, 12:13 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Foreclosure and Judgements

A creditor can garnish a joint account, the garnishment is filed without notice which locks up the money in the account, and then you are given notice and a chance to a hearing in court to decide whether the creditor is entitled to the money. Some of the money may be exempt from garnishment.

A bankruptcy can have judgments discharged, so you do not have to pay them. If you are thinking of bankruptcy, many lawyers will consult with you prior to actually filing so you can plan ahead for the bankruptcy.

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Answered on 9/26/06, 10:56 am


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